By CHINTU MALAMBO
NEW Secretary General of the National Democratic Congress (NDC) Party, Bridget Atanga, has asked the Lusaka High Court to dismiss a matter in which estranged Mwenya Musenge has sued her and Chishimba Kambwili for portraying themselves as leaders of the party.
In this matter, Mr Musenge is seeking an injunction to restrain Mr Kambwili from portraying himself as party president.
Mr Musenge, who has also sued Ms Atanga, as second defendant, is also seeking for an order nullifying all appointments made on April 18, and an order recognising him as the rightful Secretary-General of the party.
This comes barely three weeks after Mr Kambwili fired Mr Musenga and relegated him from the position of Secretary-General to that of chairman for chiefs and traditional affairs or in charge of witchcraft affairs, as the latter described the position. Ms. Atanga however, in her affidavit in support of notice of motion to raise preliminary issues on point of law, said Mr Musenge’s court action was defective as he wrongly commenced the action on behalf of the party. She stated that Mr Musenge had not attended the party’s five past meetings of its interim leadership since the past four to five months and had never been authorised by the party to commence the court action.
Ms. Atanga claimed that the contents of Mr Musenge’s statement of claim in the matter were based on the contents of the draft NDC constitution which is not yet in operation as it has not yet been adopted by the party’s congress in line with Article 18 of the said draft constitution.
“I am advised by counsel that the pleadings herein do not disclose a cause of action and cannot be amended as the entire action herein is based in the National Democratic Congress draft constitution which has not yet become operational by adoption by the National Party Congress,” she said.
In the premise, I crave the indulgence of this court to dismiss the plaintiff’s action for being inherently defective,” Ms. Atanga stated.